Need Help Please

[Jacama]

Hello,
my fiance is here on a 3 month waiver, We plan to be married but my divorce isnt finished yet. He only has approx. 2 months left and my divorce wont be final by then. We are going to apply for a extension and we are trying to figure out the best way to go about all of this without having to pay tons of money to a lawyer. any advice on this would be appreciated.

also , is there any way that he can get a work permit so that he can work while he is here? This is all so confusing and we need some help on how to go about all of this. I personally cant sponsor him as I dont make enough money. My son in law is thinking about being a cosponser but the lawyer that we spoke with said that he will have to sign a form for a 10 year period and this is something I dont think he will do so we need to know other ways to keep him here in the states with me.

I dont want him to have to return so please any help would be great
thankyou
Jacama

[PraetorianXI]

1.- he can NOT EXTEND his stay under the visa waiver program.

2.- he can NOT WORK while he is here.

3.- whoever co-sponsors him, must sign a 10 year legal agreement. No exceptions.

He can not do anything unless he is married to you. Legally, once the divorce has been finalized.

He can not come to the US as a visitor and intend to live here now. Have him go back and get a K-1 visa for him.

[Jacama]

Do we have any other choices? My divorce will not be final before his waiver is up. There has to be a way that he can stay here until this time. My divorce will be final about 3 weeks after he leaves

If he does have to return to the uk, how long before he can return and what type of a visa does he apply for . The fiance visa isnt possible as I dont make enough money and there is noone that I can get to sponsor him as I have no family.

my heart is crushing right now as all this immagration stuff stinks
thankyou
Jacama

[PraetorianXI]

Since you can not marry him until the divorce is final, there are NO other choices...

He has to go back. He could then come back under the Visa Waiver Program again, but it is not advisable, as he has IMMIGRANT intent and may be sent back or get in trouble.

A K-1 fiance visa is the best (and probably only) way to go. You do not have to make a whole lot of money and you can find someone to co-sponsor the two of you.

Even if he was to stay "illegally" you would still have to sponsor him (form I-864) and make more money for the household than the poverty guidelines (I-864P). So, either way, you will have to find a co-sponsor.

There is no way for him to stay here legally, you two will need to apply for a K-1 visa. Sorry, but that is how the system works

[Jacama]

Once he goes back how long will it take for him to get a K1 visa so he can return?
Also I read that either a us citizen or permanent resident can sponsor him is this true?
once he is here on a k1 visa will he beable to work?
thankyou for your replys

[PraetorianXI]

How long will the visa take? it depends on the Consulate/Embassy and is very hard to predict. But I would guesstimate between 4-8 months.

Yes, US Citizens and Lawful Permanent Residents can sponsor him.

He will be given a visa and can work as soon as he sets foot in the US. He will have 90 days to marry you and then he will file for Adjustment of Status.

All of these forms/fees cost chunks of money, so you two better start saving up.

A good place to start reading is here: http://immihelp.comhttps://www.immih...isa/index.html